Hi, my sister-in-law joined a small-scale manufacturing company for an accounts position. Before her marriage, she submitted a resignation letter, but it was not accepted. Instead, the resignation letter was torn up, and she was granted a one-month leave. Today, the employer called her and spoke abruptly, stating that she must return within a week to complete pending work; otherwise, legal action will be taken. She was not paid during her leave, and her resignation letter was not acknowledged. Please advise on the next steps to take in this situation.
From India, Mumbai
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From India, Mumbai
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Resignation and Employer's Response
No employer has the right to compel an unwilling employee to continue in employment beyond the actual period of notice, if any, stipulated in the contract of service relating to resignation. The act of tearing up the resignation letter, though indicative of the employer's bad temper, also indicates non-acceptance and the immediate sanction of one month's leave as the alternative suggested by him. Your sister's availing of the same would show her tacit willingness to continue her employment for the time being. All put together, this is indicative of the fact that the resignation has become non-est.
Therefore, ask her to submit a fresh resignation letter with immediate effect as a consequence of her marriage, asking the employer to adjust the unpaid leave salary against notice pay, if any.
From India, Salem
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6108No employer has the right to compel an unwilling employee to continue in employment beyond the actual period of notice, if any, stipulated in the contract of service relating to resignation. The act of tearing up the resignation letter, though indicative of the employer's bad temper, also indicates non-acceptance and the immediate sanction of one month's leave as the alternative suggested by him. Your sister's availing of the same would show her tacit willingness to continue her employment for the time being. All put together, this is indicative of the fact that the resignation has become non-est.
Therefore, ask her to submit a fresh resignation letter with immediate effect as a consequence of her marriage, asking the employer to adjust the unpaid leave salary against notice pay, if any.
From India, Salem
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Was your sister called back during the leave period or after the one-month leave period?
As the learned member mentioned above, please submit another application requesting an exit with a clear date of the last working day.
Your sister cannot be compelled to work, and no legal action can be taken for quitting the job.
From India, Pune
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As the learned member mentioned above, please submit another application requesting an exit with a clear date of the last working day.
Your sister cannot be compelled to work, and no legal action can be taken for quitting the job.
From India, Pune
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Your Right to Resign
It is your right to resign. If one is unwilling to work, no employer can force you (beyond the notice period), especially by intimidation tactics like tearing up the resignation letter, etc. Ideally, once the letter was torn, you should have sent another resignation through registered post and included a notice of one month.
He is legally bound to pay and cannot try to scare you into continuing to work. It is important to stand up against unscrupulous employers who try to take advantage of the fact that the employee is a single person and can be browbeaten by the organization.
From India, Delhi
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It is your right to resign. If one is unwilling to work, no employer can force you (beyond the notice period), especially by intimidation tactics like tearing up the resignation letter, etc. Ideally, once the letter was torn, you should have sent another resignation through registered post and included a notice of one month.
He is legally bound to pay and cannot try to scare you into continuing to work. It is important to stand up against unscrupulous employers who try to take advantage of the fact that the employee is a single person and can be browbeaten by the organization.
From India, Delhi
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It is just a way of threatening, please tell him diplomatically why you cannot continue and send a resignation letter through mail, so that it is officially documented.
From India, Bengaluru
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From India, Bengaluru
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Thank you, Umakant sir, Nathrao sir, Bodhisutra, and Supriya madam. I will advise my sister to submit a fresh resignation through email and also provide a physical copy to the employer.
Thank you for your valuable comments and support.
From India, Mumbai
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Thank you for your valuable comments and support.
From India, Mumbai
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Handling a Rejected Resignation
Your resignation letter being torn does not mean that it was rejected. Such behavior is highly unprofessional. Resend the resignation letter once again through registered post. It is the right of an employee to resign whenever they want, provided they are ready to serve the notice period or pay the notice pay in lieu thereof. Your employer cannot take any legal action against you. You are also entitled to any outstanding dues and a full and final settlement. Avoid interactions over the telephone. Ensure that all communication is documented either through email or letters.
From India, Kolkata
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Your resignation letter being torn does not mean that it was rejected. Such behavior is highly unprofessional. Resend the resignation letter once again through registered post. It is the right of an employee to resign whenever they want, provided they are ready to serve the notice period or pay the notice pay in lieu thereof. Your employer cannot take any legal action against you. You are also entitled to any outstanding dues and a full and final settlement. Avoid interactions over the telephone. Ensure that all communication is documented either through email or letters.
From India, Kolkata
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Addressing Resignation Rejection and Leave Sanction
Tearing a resignation letter or rejecting a resignation by the employer is both unethical and illegal. However, you have not mentioned whether, after the incident of tearing her resignation letter, the leave was sanctioned by the employer on his own without an application from your sister-in-law, or if it was on her application for leave, as you mentioned that leave was granted instead of accepting the resignation.
If a leave application was submitted, the issue of non-acceptance of resignation is already moot. In that case, your sister-in-law may submit a fresh resignation letter, but it should be acknowledged by the employer or sent through speed post to keep evidence of submission. If it remains unacknowledged or un-receipted, the same problem may arise again.
Regards
From India, Delhi
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Tearing a resignation letter or rejecting a resignation by the employer is both unethical and illegal. However, you have not mentioned whether, after the incident of tearing her resignation letter, the leave was sanctioned by the employer on his own without an application from your sister-in-law, or if it was on her application for leave, as you mentioned that leave was granted instead of accepting the resignation.
If a leave application was submitted, the issue of non-acceptance of resignation is already moot. In that case, your sister-in-law may submit a fresh resignation letter, but it should be acknowledged by the employer or sent through speed post to keep evidence of submission. If it remains unacknowledged or un-receipted, the same problem may arise again.
Regards
From India, Delhi
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How to Handle an Employee Resignation.doc
Legal Clarification on Absconding Employee, Contract Labour Engagement & Leave Entitlement Ammen.pdf